Case Note & Summary
The petitioners, A.Subbarathnamma and M.Vageesh, are holders of stage carriage permits under the Motor Vehicles Act, 1988. They applied for renewal of their permits and, pending renewal, obtained temporary permits under Section 87(1)(d) of the Act. The petitioner in W.P.No.12971/2019 is the transferee of Stage Carriage Permit No.11/98-99 for routes from Chitradurga to Santhebennur and back, and Davanagere to Lokikere and back, valid up to 16.11.2018, with vehicle No.KA-17/B-0954. The petitioner in W.P.No.13624/2019 holds Stage Carriage Permit No.20/03-04 valid till 22.07.2013 for the route Devarabelakere to Pavagada and back. They filed applications for renewal and obtained temporary permits. However, the Secretary, Regional Transport Authority & RTO, Davanagere, passed orders/endorsements dated 13.03.2019 and 18.03.2019 rejecting their applications for further temporary permits. The petitioners challenged these orders in writ petitions under Articles 226 and 227 of the Constitution of India. The court noted that the vehicles were not satisfactorily functioning, but the respondent rejected the applications without considering them on merits. The court held that the authority must consider the application and pass appropriate orders in accordance with law, and cannot reject without application of mind. The court also referred to Rule 162 of the Karnataka Motor Vehicles Rules, 1989, which requires consideration of an application for temporary permit within 15 days. The respondent failed to comply, and the rejection was arbitrary. The court quashed the impugned endorsements and directed the respondent to consider the applications afresh and pass orders in accordance with law within two weeks from the date of receipt of the order. The petitions were allowed.
Headnote
A) Motor Vehicles Act - Temporary Permit - Section 87(1)(d) - Renewal of Permit - The petitioners, holders of stage carriage permits, applied for renewal and obtained temporary permits under Section 87(1)(d) pending renewal. The Secretary, RTA rejected their applications for further temporary permits without considering the merits. The High Court held that the authority must consider the application and pass appropriate orders in accordance with law, and cannot reject without application of mind. (Paras 2-8) B) Karnataka Motor Vehicles Rules - Rule 162 - Time Limit for Consideration - Rule 162 of the Karnataka Motor Vehicles Rules, 1989 mandates that an application for temporary permit must be considered within 15 days. The respondent failed to comply, and the rejection was arbitrary. The court quashed the endorsements and directed the respondent to consider the applications afresh. (Paras 7-8)
Issue of Consideration
Whether the Secretary, Regional Transport Authority is justified in rejecting the applications for renewal of temporary permits under Section 87(1)(d) of the Motor Vehicles Act, 1988 without considering the applications on merits.
Final Decision
The writ petitions are allowed. The impugned endorsements/orders dated 13.03.2019 and 18.03.2019 passed by the Secretary, Regional Transport Authority & RTO, Davanagere are quashed. The respondent is directed to consider the applications filed by the petitioners for temporary permits under Section 87(1)(d) of the Motor Vehicles Act, 1988 afresh and pass appropriate orders in accordance with law, within two weeks from the date of receipt of the order.
Law Points
- Temporary permit under Section 87(1)(d) of Motor Vehicles Act
- 1988 can be granted pending renewal of permit
- Rule 162 of Karnataka Motor Vehicles Rules
- 1989 requires consideration of application within 15 days
- Rejection without considering application is arbitrary
